Terms And Conditions
This is a legal agreement between the user (referred to as “You”) and 365 AITECH (referred to as “the Company”), which governs your limited right to use the 365 AITECH website, related services, and products. By using the Service, You agree to the terms of this Agreement. If You do not agree with these terms, You cannot use the Services.
365 AITECH reserves the right to amend this Agreement, which automatically takes effect on the earliest of the day You use the Service or 10 days after they are posted on the Site. Your use of the Service following the effective date of any modifications to this Agreement constitutes Your acceptance of the Agreement, as modified.
You confirm that You are at least 18 years old or the applicable age of majority and have the legal right and ability to enter into this Agreement.
You can invite two types of user accounts to Your 365 AITECH Service:
- “User” is an authorized employee, consultant, or contractor who can use Your 365 AITECH account.
- “Administrator” is a person authorized to act on behalf of You, responsible for the administration and management of Your 365 AITECH account.
Services Offered by 365 AITECH
365 AITECH offers a feature that enables the analysis of voice calls made through a third-party phone system or video conferencing solution.
However, it should be noted that 365 AITECH does not provide phone lines and cannot replace any type of phone service, whether it is wired, wireless, or Internet-based. Instead, the 365 AITECH service is designed to analyze the audio and video calls made by your calling agents, allowing you to train and coach them. It is important to understand that the 365 AITECH Service does not support any form of call surveillance without the knowledge of your users. You are responsible for informing your users that the service is only for official calls and training purposes.
Furthermore, any limitations in your third-party VoIP service will also affect how you can use the 365 AITECH Service.
Quality and maintenance
While 365 AITECH strives to ensure that the 365 AITECH Service is functioning with minimum disruptions, delays, or other imperfections, it cannot guarantee that the Service will always function flawlessly. The Service is transmitted through public internet lines and the public switched telephone network, which may result in power outages or internet service disruptions, potentially causing some disruptions, such as packet loss and delay, that could interfere with the quality of Your communications.
365 AITECH reserves the right to modify technical features to keep pace with the latest demands and technological developments or to comply with Applicable Laws. Additionally, 365 AITECH may need to repair, improve, and/or upgrade the 365 AITECH Service, which may necessitate restricting, limiting, suspending, interfering, and/or interrupting the Service at any time at its sole discretion.
Limited License
Under this Agreement, 365 AITECH provides You with a limited, revocable, non-exclusive, and non-transferable license to use the Service for your own personal, enterprise, and limited commercial use, subject to certain conditions. You agree not to resell the Service, modify, reverse engineer, decompile, or disassemble any part of it, or copy, adapt, alter, modify, translate, or create derivative works of the Service without written permission from 365 AITECH. You also agree not to use the Service for any illegal purposes, transmit any material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene, or infringes the rights or intellectual property of others. Additionally, You may not allow others to use the Service or transfer rights to it. You also may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights or use the Service in conjunction with any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law of any jurisdiction. Violation of these conditions will result in the immediate termination of Your license to the Service.
Use of 365 AITECH
These Terms of Use state that you and anyone using your 365 AITECH account are responsible for any use of 365 AITECH, whether via the website or mobile device. You agree to only use 365 AITECH Services in a manner that is authorized by these Terms of Use or in writing. It is important that any information you provide to 365 AITECH is accurate and complete.
You are not permitted to use the 365 AITECH Services in any way that is illegal, abusive, interfering, or otherwise inappropriate. This includes violating any laws, regulations, published policies, intellectual property rights, or the privacy rights of others. You must not transmit any objectionable content, including content that is sexually explicit, pornographic, obscene, or hateful. You are also prohibited from engaging in commercial exploitation, stalking, harassing, harming others, impersonating someone else, or engaging in fraudulent activity with respect to third parties. Additionally, you are required to comply with any applicable third-party policies or requirements that 365 AITECH has communicated to you.
You and your designated administrators may appoint additional administrators for your 365 AITECH account. Each administrator must agree to and comply with these Terms of Use. You are responsible for ensuring that all administrators read and comply with these terms and are liable for any breach of the terms by such administrators.
Pricing and Billing
During the free trial period, 365 AITECH will not charge you for using their services. However, once the trial period ends or if you wish to access additional services not included in the trial, you will need to sign up for a paid plan and provide your credit card information for payment. By agreeing to this agreement, you authorize 365 AITECH to charge your credit card for any unpaid charges related to the services and agree to allow your credit card issuer to pay these charges without a signed receipt.
365 AITECH and/or any billing agent acting on their behalf may charge your credit card on a recurring basis each month/year, beginning on the anniversary of your initial registration for a paid plan, until all outstanding fees are paid in full. You are responsible for keeping your credit card information up to date, and any charges or holds placed on your credit card are solely your responsibility. Please note that if you mistakenly provide a debit card number, all charges will be applied to the debit card until you provide a credit card number.
If you are on a paid plan, your usage and monthly fees will be charged directly to your credit card, along with any additional fees such as local taxes. Late payment fees may be charged at a rate of 5% per month for amounts not paid by the due date. In the event of non-payment and the need for collection, a collection fee at the maximum percentage permitted by applicable law, not to exceed 18%, will be charged to cover internal collection-related costs.
If you use 365 AITECH Service on a mobile device using a data connection, it may use your personal data plan’s allowance. If you use a mobile data connection outside of your home country, you may incur roaming fees from your operator.
If you dispute any portion of an invoice, you must notify 365 AITECH within 10 calendar days of the invoice’s issuance and provide documentation substantiating the basis for the dispute. Failure to dispute any portion of an invoice within 10 calendar days will result in the waiver of your right to dispute that invoice.
Lastly, 365 AITECH is not obligated to transfer to you any specific complaints or requests for information received from law enforcement agencies as they are confidential. However, Enthu.AI may still charge you an administrative fee for any such requests for information.
Fair Use Policy
365 AITECH may offer plans that provide “unlimited” usage or minutes for normal business use in dialogues between two or more individuals. However, 365 AITECH reserves the right to disconnect or suspend your service with prior notice if it determines that your use of the service violates any part of the Fair Use Policy. The Service Description may be updated from time to time to add or remove services and improve their descriptions, and your continued use of the Services constitutes your acceptance of the new terms.
Proprietary Rights
365 AITECH owns and controls all aspects of the Service, including any content provided on the site, unless otherwise stated. The Service is intended for personal and commercial use only, and any copying or downloading of information or software must preserve any copyright or other notices included with the content. You are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or use any information, software, products, or services from the Service for commercial or public purposes without prior written permission from 365 AITECH. All trademarks, trade names, service marks, and logos on the site belong to 365 AITECH and may not be used in any way that is not expressly authorized in these Terms and Conditions or in writing by 365 AITECH.
Refund Policy
When you cancel your account, you will not receive a refund for previous payments. Your card will not be charged from the next billing cycle. If you remove a user from your account, a new downgrade plan will be applicable from the next billing cycle.
Offers and discounts do not qualify for refunds.
Credits added by 365 AITECH as part of an offer, promotion, or other gestures cannot be refunded.
Refunds are only accepted in the following circumstances:
- Duplicate payment
- Charges made by mistake after account cancellation
- A refund requested during the initial trial period if the service fee was already paid
No claim for losses or damages related to the Agreement can be made more than six (6) months after the date of the event giving rise to such damages is known or should have been known.
The customer acknowledges and agrees that 365 AITECH is not liable for any direct or indirect damages or third-party claims resulting from failures of another service provider.
Content License
By providing any content or feedback to 365 AITECH, you are granting us a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, and sub-licensable (through multiple tiers) license to use, copy, modify, create derivative works from, distribute, and display such content or feedback in any form or medium now known or later developed. This license includes the right to use any and all copyrights or other intellectual property rights that you have in the content or feedback.
Disclaimer
The content on the 365 AITECH website is provided “as is”. 365 AITECH does not make any express or implied warranties and hereby denies all other warranties, including implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights violation. Moreover, 365 AITECH does not guarantee or make any representations regarding the accuracy, probable outcomes, or reliability of the use of the materials on its website or any linked sites. The 365 AITECH Service is reliant on your third-party telephony provider; hence, we do not ensure the continuous or error-free functioning of any aspect of the Service.
Limitations
365 AITECH and its suppliers shall not be liable for any indirect, special, punitive, consequential or similar damages, including loss of data or profit, or interruption of business, arising out of the use or inability to use the Service, even if 365 AITECH or its authorized representative has been advised of the possibility of such damages.
In any event, the maximum liability of 365 AITECH or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners, regardless of the type of action whether in contract, tort (including negligence), or otherwise, shall not exceed $100. Any claim or cause of action arising from your use of the Site or service provided by the Site must be brought within one (1) year after the claim or cause of action arises. However, some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, and so these limitations may not apply to you.
Revisions
365 AITECH Site may contain technical, typographical, or photographic errors in the materials. 365 AITECH does not guarantee the accuracy, completeness, or currency of any materials on its Site. 365 AITECH reserves the right to make changes to the materials on its Site at any time without prior notice. However, 365 AITECH does not have any obligation to update the materials.
Assumption of Risk
You are solely responsible for using the internet and must comply with applicable laws and regulations. Despite 365 AITECH’s efforts to create a secure and dependable Service, it cannot guarantee the confidentiality of any communication or material transmitted over the internet. 365 AITECH is not liable for the security of any information transmitted via the internet or for the accuracy of the information on the Site. Interruptions or omissions in internet, network or hosting services are not 365 AITECH’s responsibility. You assume all risks associated with using the Service, and any material downloaded from the Service is at your own risk. 365 AITECH shall not be held liable for any damage to your computer system or loss of data resulting from the download of such material.
Your Responsibility to Protect Data and Password
You have the responsibility to ensure the security and confidentiality of your personal data and login details. It is crucial that you immediately report any unauthorized use of your account or any breaches to 365 AITECH. 365 AITECH will not be held liable for any losses resulting from the misuse of your login details, with or without your knowledge. You may also be held responsible for any charges or fees incurred due to your failure to safeguard your account information and/or report unauthorized use promptly.
Links
365 AITECH provides links to third-party websites, materials, or content on the Site for informational purposes only. 365 AITECH has not reviewed all of these sites and is not responsible for their contents. The inclusion of any link does not imply endorsement by 365 AITECH of the linked site. Your use of any linked website is at Your own risk. 365 AITECH reserves the right to discontinue links to any other sites at any time and for any reason, at its sole discretion.
Enforcing Security
Any unauthorized use or attempted use of the Site may be subject to criminal or civil prosecution. For security purposes, we reserve the right to monitor and record activity on the Site without prior notice or consent, as permitted by applicable law. This includes reviewing message content and details related to suspected violations of our Spam Policy. Information obtained through monitoring, reviewing, or recording may be disclosed to law enforcement agencies in connection with the investigation or prosecution of potential criminal activity on the Site.
Compliance with Laws
You are required to comply with all applicable laws and regulations when using the 365 AITECH Service, including national, state, international, and other laws related to privacy, telemarketing, Internet marketing, and electronic communication. You are also prohibited from using the Service in violation of any agreement you have with a third-party telecommunications provider. 365 AITECH will cooperate with government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, and affiliates from unauthorized use.
365 AITECH may access and share your personal details, including demographics, billing, call logs, usage, IP addresses, and user details, as required by law enforcement agencies, governing authorities, or regulatory bodies.
Indemnity
You will defend, indemnify, and hold harmless 365 AITECH, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers from any claim or demand, including reasonable attorneys’ fees, made by any third party resulting from or arising out of your violation of this Agreement, your infringement of any law, or your infringement of the rights of a third party.
Termination of License/account/service
365 AITECH has the right to terminate Your use of the Service at any time with or without cause. If You breach any part of 365 AITECH’s Fair Use Policy, it will be considered “taking advantage” and could result in termination of Your account. You may also terminate this Agreement at any time by emailing us at info@365aitech.com or directly from Your 365 AITECH account. Termination will become effective at the end of the current billing cycle.
You will still be responsible for paying any charges or fees that have accrued up until the termination of this Agreement. The restrictions on Your use of the Service, as outlined in the Pricing & Billing section, will continue to apply even after termination.
365 AITECH reserves the right to block, terminate, cancel, or delete Your subscription or account immediately if You are found to be engaging in any illegal, fraudulent, abusive, or spamming activity, or if internal security parameters or policies indicate suspicious behavior. 365 AITECH will not provide an explanation and cannot be held responsible or liable for any resulting losses. You agree not to dispute any charges for services used in such cases, and refunds will be processed on a pro-rata basis.
If You fail to adequately fund Your account to pay for the Services or fail to properly dispute an unpaid invoice by the due date, 365 AITECH may terminate the Agreement without notice or liability to You. This is in addition to any rights and remedies provided by law or under the Agreement.
365 AITECH may terminate the Agreement immediately and without notice if it suspects fraudulent or illegal use of the Service, or any violation of this Agreement. 365 AITECH will not be liable for any losses or inconvenience resulting from such termination, and You will not be entitled to any compensation.
If the Agreement is terminated, any unused credits in Your business account will be cancelled, and no refunds will be issued, unless otherwise communicated in writing by 365 AITECH.
Governing Law
Any legal dispute related to the 365 AITECH site will be governed by the laws of the UT of Chandigarh, India, without regard to its conflict of law provisions. The exclusive jurisdiction for any legal action arising from this agreement will be in a state or Indian court located in the UT of Chandigarh. In case any court of competent jurisdiction finds any provision of this agreement to be unenforceable, that provision will be enforced to the maximum extent permissible to affect the intent of this agreement, and the rest of this agreement will continue in full force and effect. A printed copy of this agreement will be accepted as evidence in judicial or administrative proceedings.
Waiver of Jury Trial
Both parties agree to waive their right to a trial by jury for any claims or actions related to or arising from this agreement. This includes counterclaims and any modifications or amendments made to this agreement in the future.
No Class Actions
Any claims between the parties concerning this Agreement shall be resolved on an individual basis, and You agree not to group or seek class action treatment for any claim related to the Services.
Waiver of Compliance of this Agreement
You are required to comply with the Agreement even if we don’t strictly enforce it every time. Our failure to enforce any provision, condition, or requirement of the Agreement or to require you to perform any provision of the Agreement won’t release you from your obligation to comply with the Agreement or prevent us from enforcing any provision of the Agreement.
365 AITECH can only waive any provision, condition or requirement of the Agreement by providing a written document signed by an authorized officer of 365 AITECH. Such a waiver will not be considered as a waiver of any future obligation to comply with the same provision, condition or requirement.
Assignment and Delegation
You are not allowed to transfer or hand over any of your rights or responsibilities under this Agreement. Any attempt to do so will be invalid. On the other hand, we have the freedom to transfer or hand over all or part of our rights and responsibilities under the Agreement without informing you. We also have the right to replace any third party that takes on our rights and obligations under this Agreement, which will be valid once we inform you about it.
No Injunctive Relief
Legality of Use
Before using 365 AITECH’s transcription service, it is your responsibility to verify its legality in your country. Any phone call that is prohibited or restricted by your country’s laws must not be transcribed using the service.